Court strikes out Jamal's suit against Selangor government

Judge Syed Faisal Syed Amir made the decision after allowing an application by the Sabak Bernam District Council, the Sabak Bernam Land and District Office and the Selangor government, the three defendants named by Jamal, to strike out the suit.

He struck out the suit on grounds that it was unreasonable, extreme, petty and abuse of the court process.

Jamal, naming Linear Active Sdn Bhd, as the plaintiff, filed the suit in December last year, claiming that the action by the defendants in sealing and demolishing the resort was politically motivated and sought damages of RM140,000, as well as other relief deemed fit by the court.

In the judgment, Syed Faisal said the suit had no locus standi as there was no document to show any link between Linear Active and the business operation of Sekin Fisherman Village Hotel & Resort (Sekin Resort), located at Jalan Pantai Redang, Sekinchan, Selangor.

"Although the owner of the land occupied by Sekin Resort belongs to Jamal, who is also a director of Linear Active, they are two different entities," he said and also ordered Linear Active to pay cost of RM6,000 to the three defendants.

He also said the Sabak Bernam Land and District Office is not a legal entity that could be sued as it is an office and not a corporate body.

"A suit against the government should be made against its officer who commit the offence as provided under Section 5 and 6 of the Government Proceedings Act 1956," he said and also dismissed an application by Linear Active for an injunction to prevent the Sabak Bernam District Council to stop operation of the resort and the Sabak Bernam Land and District Office from trespassing into the resort compound.

Syed Faisal said the action by the Sabak Bernam District Council and the Sabak Bernam Land and District Office in sealing and demolishing the resort was lawful and had nothing to do with the water protest carried out by Jamal on Dec 21, 2016.

He said notice had been issued to Sekin Resort since 2013 and on Oct 2016 for operating without valid licence and part of the resort was demolished because it was built on the Drainage and Irrigation Department reserve land.

A notice to stop building work on the government reserves had been issued since 2011 and Jamal was also served a notice to vacate the land, he added.

Linear Active was represented by lawyer V.Mugunthan, while the Sabak Bernam District Council by lawyers Hashim Ibrahim and Tabian Tahir.

The Sabak Bernam Land and District Office and the Selangor government were represented by State Assistant Legal Adviser Khairul Nizam Mohd Kamal.